3.0 Policy SS1 The spatial strategy
3.1 Policy SS1 sets the overall framework for the Local Plan, setting out the proposed scale and distribution of new development by reference to existing and emerging growth plans for the sub-region of Leicester and Leicestershire and to the existing hierarchy of settlements within the District, with a focus on those at the higher levels of the hierarchy. With regards to employment land Policy SS1 (2)(b) states:
"Business: safeguard important existing employment areas, identify sites to meet future economic development needs and replace losses in the stock of employment land for offices (B1(a) and (b)), industry (B1(c) and B2) and non strategic storage and distribution (B8) as follows:
i. about 16.5 hectares of employment land already completed or committed, including through planning applications, resolutions to grant permissions and allocations in made neighbourhood plans;
ii. about 23 hectares of employment land in the East of Lutterworth SDA;
iii. about 35.5 hectares of employment land on other sites allocated in this Local Plan.
c. Strategic storage and distribution: safeguard existing provision at Magna Park and ensure further sites contribute towards meeting the future requirement for non rail-served land across Leicester and Leicestershire in accordance with Policy BE2.
Consideration of Policy
3.2 Policy SS1 (2)(c) seeks to safeguard existing provision at Magna Park and ensure further sites contribute towards meeting the future requirement for non rail-served land across Leicester and Leicestershire in accordance with Policy BE2. Prologis UK Limited and RRSLP object to the provisions of Policy SS1 (2) (c) because the amount of employment land quoted in the spatial strategy is not an up to date reflection of the position in the District. The Council has granted planning permission for the erection of a 100,844sqm Storage and Distribution centre (B8) with ancillary B1(a) offices on land adjoining and linked to Magna Park, including formation of access road from Magna Park, erection of gatehouse, creation of roundabouts, partial realignment of Mere Lane and upgrading of A5 to dual carriageway, creation of SuDS facilities and associated infrastructure and landscaping works [LPA ref: 15/00919/FUL]. This site measures 55.41ha and therefore has not been reflected in the drafting of the policy or referred to in the Reasoned Justification.
3.3 Prologis and RRSLP consider that Policy SS1 is misleading in terms of the actual amount of employment land needed in the District. It is unclear why the Council has not stated its entire employment land requirement including strategic B8 as a minimum or a maximum amount in its spatial strategy.
3.4 The reasoned justification [para 3.1.1] states that Policy SS1 sets the overall Framework for the rest of the Local Plan, setting out the proposed scale and distribution of new development by reference to existing and emerging growth plans for the sub-region of Leicester and Leicestershire and to the existing hierarchy of settlements within the District, with a focus on those at the higher levels of the hierarchy. With regards to employment land Prologis and RRSLP consider that it does not clearly set out the scale and distribution of new employment development nor does it properly reflect the scale of the proposed extension to Magna Park.
Tests of Soundness
3.5 Prologis and RRSLP considers that Policy SS1(2) (c) fails to meet the following tests of soundness because it is not:
1 Positively Prepared: Policy SS1(2) (c) is not based on a strategy which seeks to meet objectively assessed development and infrastructure requirements. The scale of employment land quoted in the policy is not an accurate reflection of the position nor does the policy clearly identify the entire employment land requirement for the District.
2 Justified: The Council has not robustly justified the amount of strategic B8 development needed within Harborough. The Council proposes an extension to Magna Park which will deliver strategic B8 development and associated facilities on 383 ha of land-more than double the requirement for non-rail served sites required in Leicestershire as well as delivering in excess of the gross land requirement for strategic B8 development by 2031. Further work needs to be undertaken in order to justify this amount of road based B8 development specific to Harborough and in the context of Leicester and Leicestershire.
3 Effective: The policy is not effective as it fails to clearly identify the total minimum amount of employment land that is needed within the District including strategic B8. The SEELA (2017 Update) sets out the Borough's Employment Land Needs 2011-2031 but excludes strategic B8 development because it is identified within the L&LSDSS. Policy SS1 is confusing as drafted as it does not provide a clear and comprehensive approach to the amount of employment land needed. This is needed so it is clear for monitoring purposes going forward to 2031 and beyond.
4 Consistent with National Policy: The Plan should enable the delivery of sustainable development in accordance with the polices in the Framework. The proposals at Magna Park conflict with the overall strategic aims of the Framework which seeks to reduce carbon emissions through promoting sustainable transport modes, and the Government's National Networks National Policy Statement ('NPS') which prioritises distribution and warehousing sites served by rail.
Recommended Change
3.6 In order to address the conflicts identified above and ensure that Policy SS1(2) (c) is sound, it is requested that Harborough Council:
1 Provides an up to date assessment of their existing employment commitments and allocations which is reflected in the drafting of the policy. This should include strategic B8 development given the scale of the proposals.
2 Provides evidence justifying why it is appropriate for the Council to extend Magna Park and justify why it is appropriate for the District to allocate more than double the requirement for non-rail served sites required in Leicestershire as well as delivering in excess of the gross land requirement for strategic B8 development for Leicester and Leicestershire by 2031 in one location.
3 Provides evidence that the Council has robustly fulfilled its duty to cooperate with regards to meeting the concerns of Daventry and North West Leicestershire in terms of allocating in excess of the identified need for the whole of Leicester and Leicestershire in one location.